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Presumption of Innocence and the Standard of Proof in Criminal Trials

By Baker Associates

Individuals who have been accused of crimes will sometimes resign themselves to defeat. They feel that the evidence is too strong or that they will buckle under the pressure. However, all accused persons in the United States and Tennessee are entitled to what is called the presumption of innocence. Coupled with the fact that the prosecutor has the burden to prove the defendant guilty beyond a reasonable doubt, the state often has a tough row to hoe when trying to put you in jail. In Tennessee, if you have been accused of a crime, you are legally presumed to be innocent until a judge or jury has convicted you or if you plead guilty to the crime. Thus, the state has the initial burden to come forth with convincing evidence of your guilt. For example, in a Tennessee drug possession case, the state must prove beyond a reasonable doubt all elements of the charge...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on July 10, 2009 (boomark / email).